Generally, the proceeds of a civil lawsuit are divided into different categories to address certain injuries sustained by a party. These can include current and future medical expenses, loss of income, pain and suffering, and loss of consortium. The question is whether a non-injured spouse is entitled to any portion of the proceeds of a civil lawsuit for personal injury or labor dispute filed by an injured spouse during the parties’ marriage.

LEGAL ANALYSIS

Florida courts apply an analytical approach to these types of lawsuits filed by one of the spouses during the marriage to determine whether the other spouse is entitled to any share of a settlement or jury award. Weisfeld v. Weisfeld, 545 So. 2d 1341 (Fla. 1989). In this case, the Florida Supreme Court specifically rejected the “mechanistic approach” which considered the proceeds of all personal injury or workers’ compensation filed during a marriage to be marital property. Id. at 1346. The Court also rejected the “unitary approach” which considers all such proceeds to be the separate property of the injured spouse. Id.

The analytical approach requires the court to determine which portion of the proceeds is the separate property of the injured spouse, which portion is the separate property of the non-injured spouse, and which portion is marital property belonging equally to both spouses. Id. at 1345.

1. The injured spouse is entitled to 100% of the proceeds of the lawsuit attributable to non-economic compensatory damages for pain, suffering, disability and loss of ability to lead a normal life. The injured spouse is also entitled to 100% of economic damages which may occur subsequent to the end of the marriage such as future medical expenses and future lost wages.

2. The non-injured spouse is entitled to 100% of the proceeds of the lawsuit attributable to the loss of consortium.

3. The marital property of the lawsuit which is subject to distribution by the court between the spouses includes loss of wages or earning capacity during the period of the marriage and medical expenses paid out of marital funds during the marriage. Any funds not allocated to a specific category are also considered marital assets.

By Kenny Leigh